The timeline for settling a pedestrian accident claim varies based on factors including:
- Evidence collection
- Severity of injuries
- Negotiations with insurance
- Potential litigation
Were you injured in a pedestrian accident? We know a thousand questions are whirling in your head. It’s natural to want justice to compensate you for your injuries. But your finances are dwindling now. How long does it take to settle a pedestrian accident?
The truth is it depends. Every case is different, so it’s hard to give a general timeframe. The experienced attorneys at Glugeth & Pierguidi, P.C. will work diligently by your side to get you the maximum compensation possible as quickly as possible.
Read on to learn about factors that affect the settlement timeline for a pedestrian accident.
Factors Affecting How Long It Will Take to Settle After Being Hit by a Car
The following are a few of the factors affecting how long a pedestrian accident claim takes to settle.
Collection of Evidence
You must collect evidence to prove the party you are suing is responsible for your injuries. Common evidence includes the following:
- Accident photos,
- Video surveillance,
- Medical documents,
- Proof of financial loss,
- Witness testimony, and
- Police report.
The more in-depth the evidence collection is, the more solid the foundation of your case is. If your case is irrefutable, the insurance company is more apt to settle quickly.
Extent of Injuries
To calculate your damages accurately, you must wait until you reach maximum medical improvement. Maximum medical improvement is the point in your recovery where you stop healing. Your recovery does not have to be complete. Rather, your recovery reaches the point where you are “the best you will be.”
You need to wait for this point for your doctor to give an accurate picture of the effect your injuries will have on your future.
The more severe your injuries are, the longer it will take to reach maximum medical improvement. Thus, cases with more severe injuries take longer to settle than straightforward injuries, like a broken leg.
Negotiations with the Insurance Company
How long does it take to settle with an insurance carrier after a pedestrian accident?
Most cases settle during the negotiation stage. The length of time negotiations take depends on the strength and quantity of evidence. If liability is clear based on the evidence, the case may settle within months. Insurance companies won’t fight a losing battle. They prefer to settle quickly and save their legal fees.
However, if liability is unclear, multiple parties are involved, or the injuries are complex, the parties will take longer to settle.
Insurance companies know these cases are worth more. So, they will use delay tactics or offer you a low settlement amount. We won’t let them take advantage of you. However, because insurance companies will be more inclined to fight these cases, they will take longer to resolve.
Litigation
If the parties cannot agree on a settlement, the case will proceed to trial.
Trial significantly lengthens the time for you to receive compensation. Your case may take years to go to trial.
Ensure your lawyer files your case in court before the statute of limitations runs out; otherwise, you might lose your right to financial recovery. The statute of limitations in New York for most personal injury claims is three years.
Contact Our Experienced Pedestrian Accident Attorneys
At Glugeth & Pierguidi, P.C., we have over 30 years of combined legal experience. Our attorneys have extensive trial experience and have won millions of dollars for their clients.
We know it can feel like you’re fighting an uphill battle. We don’t want to make it harder for you. That’s why we don’t charge any upfront fees. We only get paid if you get compensation for your injuries.
You don’t owe us a penny if we don’t win your case. So there’s no financial risk. Contact our office today for a free case evaluation with one of our seasoned attorneys.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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